HitHoo Terms of Use


PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE APPLICATION(S).

By using a HitHoo, LLC Application(s) ("Application(s)"), you agree to follow and be bound by these terms of use ("Terms of Use") and agree to comply with all applicable laws and regulations. In these Terms of Use, the words "you" and "your" refer to each customer or Application(s) user, "we", "us" and "our" refer to HitHoo, LLC ("HitHoo") and "Services" refers to all services provided by us. Each of you and HitHoo is sometimes referred to herein as a "Party," and both of us, together, are sometimes referred to herein as the "Parties."

It is your responsibility to review these Terms of Use periodically. If at any time you find these Terms of Use unacceptable or if you do not agree to these Terms of Use, please do not use any Application(s). We may revise these Terms of Use at any time without notice to you.

YOU AGREE THAT BY USING THIS APPLICATION(S) YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.

At no time do we review your answers in any application fields for accuracy, legal sufficiency, draw legal conclusions, provide legal advice, opinions or recommendations about your legal rights, remedies, defenses, options, selection of forms, or strategies, or apply the law to the facts of your particular situation. HitHoo is not a law firm and does not perform services performed by an attorney. HitHoo and its Services are not substitutes for the advice of an attorney.

HitHoo strives to keep its Application(s) accurate, current and up-to-date. However, because the law and data the Application(s) utilize changes rapidly, HitHoo cannot guarantee that all of the information on the Site or Application(s) is completely current. The law is different from jurisdiction to jurisdiction, and may be subject to interpretation by different courts. The law is a personal matter, and no general information or application tool like the kind HitHoo provides can fit every circumstance. Furthermore, the information contained on the Site and Application(s) is not legal advice and is not guaranteed to be correct, complete or up-to-date. Therefore, if you need legal advice for your specific problem, or if your specific problem is too complex to be addressed by our Application(s), you should immediately consult a licensed attorney in your area before proceeding.

This Site and Application(s) are not intended to create any attorney-client relationship, and your use of HitHoo does not and will not create an attorney-client relationship between you and HitHoo.

DISPUTE RESOLUTION BY BINDING ARBITRATION
Please read this carefully. It affects your rights.
In the event of a dispute between you and us, we each agree to resolve disputes through binding arbitration rather than in a court of general jurisdiction. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than a court does, and is subject to very limited review by courts. Any arbitration under these Terms of Use will take place on an individual basis; class arbitrations and class actions are not permitted.

Arbitration Agreement:

(a) HitHoo and you agree to arbitrate all disputes and claims between us before a single arbitrator. The types of disputes and claims we agree to arbitrate are intended to be broadly interpreted. It applies, without limitation, to:
-claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory;
-claims that arose before these or any prior Terms of Use (including, but not limited to, claims relating to advertising);
-claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and -claims that may arise after the termination of these Terms of Use.
For the purposes of this Arbitration Agreement, references to "HitHoo," "you," and "us" include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or products under these Terms of Use or any prior agreements between us.

You agree that, by entering into these Terms of Use and Arbitration Agreement, you and HitHoo are each waiving the right to a trial by jury or to participate in a class action. These Terms of Use and Arbitration Agreement evidence a transaction or website use in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This Arbitration Agreement provision will survive termination of these Terms of Use.

(b) A Party who intends to seek arbitration must first send, by U.S. certified mail, a written Notice of Dispute ("Notice") to the other Party. A Notice to HitHoo should be addressed to: 2657 Windmill Parkway #618, Henderson, NV 89074 (the "Notice Address"). The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought ("Demand"). If HitHoo and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or HitHoo may commence an arbitration proceeding. During the arbitration proceeding, the amount of any settlement offer made by HitHoo or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or HitHoo is entitled.

You may download or copy a form to initiate arbitration from the American Arbitration Association ("AAA") website at http://www.adr.org/si.asp?id=3477. (There is a separate form for California residents, also available on the AAA's website at http://www.adr.org/si.asp?id=3485.)

(c) The arbitration proceeding will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, the "AAA Rules") of the American Arbitration Association (the "AAA"), as modified by these Terms of Use, and will be administered by the AAA. The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitrator is bound by these Terms of Use. Regardless of the manner in which the arbitration proceeding is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings of fact and conclusions of law on which the award is based. The parties agree that any awards or findings of fact or conclusions of law made in an arbitration proceeding of their dispute or claim are made only for the purposes of that arbitration proceeding, and may not be used by any other person or entity in any later arbitration of any dispute or claim involving HitHoo. The parties agree that in any arbitration of a dispute or claim, neither Party will rely for preclusive effect on any award or finding of fact or conclusion of law made in any other arbitration of any dispute or claim to which HitHoo was a party. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of any fees will be governed by the AAA Rules. An award may be entered against a Party who fails to appear at a duly noticed hearing.

(d) In the event of any dispute or arbitration between the Parties arising, the prevailing Party shall be permitted to recover actual reasonable attorneys’ fees and costs incurred in connection with any such dispute or arbitration or any appeal therefrom, in the discretion of the arbitrator.

(e) The arbitrator may award injunctive relief only in favor of the individual Party seeking relief and only to the extent necessary to provide relief warranted by that Party's individual claim. YOU AND HITHOO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITIES AND NOT AS PLAINTIFFS OR CLASS MEMBERS IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR IN THE CAPACITY OF A PRIVATE ATTORNEY GENERAL. The arbitrator shall not have the power to commit errors of law or legal reasoning, and the Parties agree that any injunctive award may be vacated or corrected on appeal by either Party to a court of competent jurisdiction for any such error. Each Party will bear its own costs and fees on any such appeal. The arbitrator shall not award relief in excess of what these Terms of Use and/or Arbitration Agreement provide or award punitive damages or any other damages not measured by actual damages. Further, unless both you and HitHoo agree otherwise, the arbitrator may not consolidate more than one Party's claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific proviso is found to be unenforceable, then the entirety of this Arbitration Agreement shall be null and void.

(f) All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential, other than as part of an appeal to a court of competent jurisdiction.

(g) The Arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of these Terms of Use including, but not limited to, any claim that all or any part of these Terms of Use or Arbitration Agreement is void or voidable. If this specific proviso is found to be unenforceable, it is severable from the rest of the Arbitration Agreement.

Additional Terms. Some HitHoo services may be subject to additional posted guidelines, rules or terms of service ("Additional Terms") and your use of such Services will be conditioned on your agreement to the Additional Terms. If there is any conflict between these Terms of Use and the Additional Terms, the Additional Terms will control for that Service, unless the Additional Terms expressly state that these Terms of Use will control.

NO WARRANTY. THE APPLICATION(S) AND ALL MATERIALS, DOCUMENTS OR FORMS PROVIDED ON OR THROUGH YOUR USE OF THE APPLICATION(S) ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, HITHOO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

HITHOO MAKES NO WARRANTY THAT: (A) THE APPLICATION(S) OR THE MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE APPLICATION(S), OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE APPLICATION(S) OR ANY MATERIALS OFFERED THROUGH THE APPLICATION(S), WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE APPLICATION(S) OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS.

OBTAINING ANY MATERIALS THROUGH THE USE OF THE APPLICATION(S) IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. HITHOO SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR ELECTRONIC DEVICE OR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.

LIMITATION OF LIABILITY AND INDEMNIFICATION. YOU WILL HOLD HITHOO AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS' FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR ARBITRATION AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THESE TERMS OF USE OR ARBITRATION AGREEMENT AND ANY VIOLATION BY HITHOO OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF HITHOO HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IF THERE IS LIABILITY FOUND ON THE PART OF HITHOO, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, EXCEPT AS ALLOWED PURSUANT TO THE HITHOO'S ARBITRATION AGREEMENT, CONTAINED IN THESE TERMS OF USE, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY. FURTHER, EXCEPT AS PERMITTED BY LAW, NOTHING IN THIS PARAGRAPH IS INTENDED TO MODIFY THE PROVISIONS OF CALIFORNIA BUSINESS AND PROFESSIONS CODE SECTIONS 6400, ET SEQ.



Personal Use. The Application(s) are made available for your personal use on your own behalf.

Children. Minors are not eligible to use the Application(s) and we ask that they do not submit any personal information to us.

Governing Law; Venue. By using the Application(s), you expressly agree that your rights and obligations shall be governed by and interpreted in accordance with the laws of the State of Nevada, excluding its choice of law rules. Any legal action or proceeding relating to your access to or use of an Application, or materials is governed by the Arbitration Agreement of these Terms of Use. These Terms of Use expressly exclude and disclaim the terms of the U.N. Convention on Contracts for the International Sale of Goods, which shall not apply to any transaction conducted through or otherwise involving an Application.

Copyrights. All Site design, text, graphics, the selection and arrangement thereof, Copyright ©, HitHoo. ALL RIGHTS RESERVED.

Trademarks. All images and text, and all page headers, custom graphics and button icons are service marks, trademarks and/or trade dress of HitHoo. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.

Acknowledgement. BY USING HITHOO'S SERVICES OR ACCESSING THE HITHOO APPLICATION(S), YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.


Updated September 10, 2012